Allahabad High Court
NEELAM DHAR DUBEY AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The transfer application was dismissed as the video‑conferencing provisions adequately address the distance concern.
Summary
The applicants, residing in Gorakhpur, filed a transfer application seeking to move a domestic violence complaint (Case No. 1400 of 2025) from the court of Judicial Magistrate, Gautam Budh Nagar to the court of Judicial Magistrate, Gorakhpur, citing distance as the ground. The respondents opposed the transfer. The High Court referred to its earlier decision in Sunita Devi (2022) which upheld the litigant's right to participate via video‑conferencing under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020. It held that the Rules adequately address the distance concern and that no statutory ground exists for transferring the case. Consequently, the transfer application was disposed of, with the court directing the applicants to seek video‑conferencing facilities under the Rules, and ordering all courts to implement those Rules.
Issues considered
- Whether the distance of the parties justifies transfer of a criminal domestic‑violence case from one district to another
- Whether the provisions of the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020 obviate the need for transfer
Legislation cited
- Domestic Violence Act — s. 12, 17, 18, 19, 20, 22, 23, 31
Subjects
- Domestic Violence
- Transfer of Criminal Case
- Video Conferencing
- Jurisdiction
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 254 of 2026
Neelam Dhar Dubey And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Radhey Shyam Dwivedi
Counsel for Opposite Party(s) : Ravindra Pratap Singh, Vishal Singh,
G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the
State.
2. The present transfer application has been filed for transfer of Complaint
Case No. 1400 of 2025 (Smt. Durgesh Agarwal Vs. Neelam Dhar Dubey
and others), under Sections 12, 17, 18, 19, 20, 22, 23 and 31 of Domestic
Violence Act, Police Station Bisrakh, District-Gautam Budh Nagar, from
the court of Civil Judge (J./D.) /F.T.C. 2/ Judicial Magistrate, Gautam
Budh Nagar to the court of Judicial Magistrate, Gorakhpur.
3. Learned counsel for the applicants submits that applicants are the
opposite party before the trial court and the proceedings under the
Domestic Violence Act has been initiated by opposite party no. 2. The
applicants are the resident of Gorakhpur and present proceedings have
been lodged at Gautam Budh Nagar and on the ground of distance the
applicants are seeking transfer of the case.
4. This Court in Transfer Application (Criminal) No. 282 of 2021 (Smt.
Sunita Devi Vs. State of U.P. and another), decided on 2nd August,
2022, has recognized the right of the litigant to participate in the judicial
proceedings through video conferencing facility in pursuance to the Rules
for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 (for
brevity hereinafter referred to as "Rules of 2020").
TACR No. 254 of 2026
2
5. Comprehensive rules have been put in place to adopt the technology in
judicial proceedings in order to enable the litigants to approach the court
through digital mode. The Rules of 2020 gives choice to the litigant to
approach court using digital technology. Various checks and balances
have been provided under the aforesaid Rules of 2020 to protect the
sanctity of the judicial process.
6. The Rules of 2020 effectively address the concern of the litigants
including the distance factor, threat perception and convenience. Once the
Rules of 2020 have been notified in exercise of powers under Article 225
and 227 of the Constitution of India, for providing video conferencing
facility to the litigant in the Courts and such an alternative channel will be
able to address the concerns of the litigant as has been raised in the
present transfer application. No ground for transfer of the case from one
district to another is made out in view of the law laid down in Transfer
Application (Criminal) No. 282 of 2021 (Smt. Sunita Devi Vs. State of
U.P. and another), decided on 2nd August, 2022.
7. Under the circumstances, the present transfer application is disposed of
with the liberty to the applicants to apply under Rules for Video
Conferencing for Courts in the State of Uttar Pradesh, 2020 for video
conference facility in judicial proceedings. It is hereby provided that in
case any application is preferred by the applicants under the aforesaid
Rules, the court/authority concerned shall be obliged under law to pass an
appropriate order in accordance with law at the earliest. It is hereby
directed that all courts and authorities shall act in aid of the Rules for
Video Conferencing for Courts in the State of Uttar Pradesh, 2020.
(Vikram D. Chauhan,J.)
May 7, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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